So basically what you’re talking about is a relocation; any movement of children that have been subjected to a court order such as a final judgment of paternity or a final judgment of divorce, moving them more than 50 miles from where they reside is considered a relocation and in the state of Florida a relocation requires either parental permission or a court order. So in simple terms, can you do that? No, he cannot. He either needs to have your permission or he needs to have a court order.
In order for him to get a court order he has to do a petition for relocation, he has to serve you with it, he has to give notice of a hearing, he has to have a hearing and many times the judges will consider pointing guardian ad litem’s which are mental health experts and/or attorneys that will basically represent to the court what is in the children’s best interest.
The relocation statute has many factors that have to be evaluated by the court in order to be able to determine whether the relocation is in the best interest of the children, what that means is not in the best interest of the parent. So simply saying, well, I’m going to have a better job so I’m going to be able to better provide for my children that might not be enough to get you over the threshold on whether the relocation is in the best interest of the children.
If the father’s moving somewhere with lower crime, with a substantially better standard of living, with “A” rated schools and low rent that may be able to get him there but he’s still going to need to clear the hurdle of being able to demonstrate that all of those great things about where he’s moving are still going to balance out with the fact that the children will not be seeing you on a regular basis.
So relocations can be difficult, unfortunately there is no settling halfway with these, it’s not if he’s asking to move to Georgia you’re not going to settle and say well you can move to Orlando but they can be resolved sometimes when both parents think about what might be in the best interest of their children.See all videos